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Fauzi, M.L. (2021)

Aligning religious law and state law: street-level bureaucrats and Muslim marriage practices in Pasuruan, Indonesia

Doctoral Thesis
This thesis discusses the ways in which local officials deal with the tensions concerning regulations on Muslim marriage and social practices that emerge as a response to such regulations. By looking at the implementation of legal norms on marriage, the functioning of marriage bureaucracy and the people's attitudes towards state recognition of marriage in the local setting, this thesis suggests that Indonesia is experiencing a continuing process of the penetration of state law into society. At the law-making level, instead of reforming the substance of the marriage law, which would only stir up controversy and debates, the government has used a citizens’ rights approach to control marriage practice. This citizens’ rights approach is helpful in guiding people towards compliance with the state legal framework.
Furthermore, the central state is also endeavouring to remove all forms of informality from the procedures involved. Nevertheless, in practice, it seems it is an uphill...Show moreThis thesis discusses the ways in which local officials deal with the tensions concerning regulations on Muslim marriage and social practices that emerge as a response to such regulations. By looking at the implementation of legal norms on marriage, the functioning of marriage bureaucracy and the people's attitudes towards state recognition of marriage in the local setting, this thesis suggests that Indonesia is experiencing a continuing process of the penetration of state law into society. At the law-making level, instead of reforming the substance of the marriage law, which would only stir up controversy and debates, the government has used a citizens’ rights approach to control marriage practice. This citizens’ rights approach is helpful in guiding people towards compliance with the state legal framework.
Furthermore, the central state is also endeavouring to remove all forms of informality from the procedures involved. Nevertheless, in practice, it seems it is an uphill battle to reduce informal intervention. In the end, the willingness of the state officials to give a less than strict interpretation of legal rules is key to guaranteeing the functioning of the state law and will be good for the legal development of Indonesia in the future.
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Religious law
State law
Indonesia
Islamic marriage
Local practice
Street-level bureaucrats
All authors
Fauzi, M.L.
Supervisor
Buskens, L.P.H.M.; Bedner, A.W.
Committee
Kaptein, N.J.G.; Sonneveld, N.; Nurlaelawati, E.; Huis, S. van
Qualification
Doctor (dr.)
Awarding Institution
Leiden University Institute for Area Studies (LIAS), Faculty of Humanities, Leiden University
Date
2021-05-18

Funding

Sponsorship
The MORA 5000 Doktor Scholarship